Friday, Jul. 25, 2008

Man avoids lifetime sentence with plea deal for 2007 homicide

Family of victim disappointed by offer of reduced charges

By VICTOR A. PATTON
vpatton@mercedsun-star.com

A man accused of acting as an accomplice in the grisly killing of an Atwater man has pleaded no contest to reduced charges in the case.

Charles Milby Hukill, 30, of Merced, made a plea deal with prosecutors Tuesday for his involvement in the June 2007 killing of Terrince Tate.

Members of Tate’s family said they’re disappointed by the agreement. They said the maximum four years Hukill could serve under the plea deal aren’t enough.

Hukill and another man, Beau Michael Ordonez, 28, were arrested last year by Merced County sheriff’s detectives on suspicion of killing Tate, then robbing him of $35, jewelry and a cell phone.

In reaching the plea deal, Hukill pleaded no contest to one count of involuntary manslaughter and one count of being an accessory after the fact, according to his attorney Jeffrey Tenenbaum. He was initially facing charges of first degree murder and robbery — charges that could have resulted in a lifetime prison sentence, if convicted.

Tenenbaum said he believed the plea deal was fair, saying although Hukill helped Ordonez dump Tate’s body, he didn’t kill the victim. Tenenbaum said Hukill turned himself into the Merced County Sheriff’s Department, revealed the location of Tate’s body and helped detectives arrest Ordonez. “(Hukill) was scared for his own life,” Tenenbaum said. “He tried everything he could to make it right.”

Deputy District Attorney David Sandhaus said the evidence in the case supports the charges against Hukill. Sandhaus said Hukill has also agreed to testify as a prosecution witness in Ordonez’s trial as a part of the deal. “We believe the evidence will show beyond a reasonable doubt that Ordonez is a murderer,” Sandhaus said.

Ordonez’s attorney Leslie Chettle was unable to comment on Thursday because he recently suffered a stroke, according to a receptionist at his office.

Calls placed to John Noonan, an attorney serving in Chettle’s place, went unreturned Thursday.

Detectives first learned of Tate’s death after Hukill entered the lobby of the Merced County Jail, saying he had just participated in a homicide.

Members of Tate’s family said they were upset by the prosecutor’s decision to make a deal with Hukill — saying four years in prison is too light of a sentence, considering the seriousness of the crime. “I think justice is not being served,” said Daniel Jones, 37, the victim’s cousin.

Jones said he believes Hukill could have acted to prevent Tate’s death — but did nothing. “(Hukill) was still there. That’s just not fair. Something isn’t right,” Jones said.

A hearing to set Ordonez’s court date is scheduled for Aug. 12 in Merced County Superior Court. He has pleaded not guilty to robbery and murder charges. Ordonez remains in the Merced County Jail in lieu of $1.05 million.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.